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Shpikula v. State

37 Tex. Admin. Code '19.3(c)(1) does not require an additional 15-minute waiting period in the event of an intoxilyzer retest.

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OPINION

A jury found appellant guilty of driving while intoxicated, and the trial court assessed punishment at 180 days in jail, probated for two years. The conditions of appellant’s probation included 80 hours of community service, random urinalysis testing, attendance at a victim impact panel, a $50.00 contribution to the Crime Victim’s Compensation Fund, five consecutive days confinement in jail, and a $750.00 fine. In six points of error, appellant complains the trial court erred when it:

(1) refused to give an exclusionary-rule jury instruction under Texas Code of Criminal Procedure article 38.23; (2) allowed admission of appellant’s statements in violation of Miranda *fn2 ; (3) limited his right to confront and cross-examine witnesses; (4) refused to suppress the results of his breath test; (5) denied his second motion for continuance; and (6) made post-sentence comments regarding appellant’s choice to go to trial instead of pleading guilty. We affirm.

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